Doug Kessler New Member - Ap Appeal Help

[Douglas Kessler]

Not sure if anyone here can answer this qiestion but here it is. I served in the USMC (Vietnam) 1966-1968. In 83 I was diagnosed with Non Hodgkin's Lymphoma. Underwent the Agent Orange registry examination in 1983., While still receiving Chemotherapy. In 1990 I received an application for benifits from the VA. Long story short I was denied compensation in a decision 1995 . I did not appeal. In 2010 I reapplied. Claim was re-opened with new evidence. Oncologist wrote a letter stating that in fact I was dx. with stage 4 NHL...He treated me from 1983 to 1996. He specifically gave the date of Discharge. I was service connected at 0% (cancer in remission). I asked for an EED and after appealing, I receive an EED date of 1990, when I officially applied. However the percentage was still 0%. Today I filed a NOD asking for an increase in the percentage. I was able to obtain a IMO from the oncologist that treated me in 1983 that reinterated everything he originally said and then adding that "It is more likely than not that Mr,_________ will continue to suffer from residual from this NHL. He gave examples of dx, I recently claimed. Is this the right Avenue to take? Is there anything else to do? I feel as though I am owed compensation from 1990-1996 @ 100%, because I was still under the doctor's care. Not receiving Chemo the entire time but the "watch & wait protocol, P.O. (BY mouth) meds, not to mention the residual of PN...service connected later (2009). Any advice is appreciated.

[Pete53]

Welcome to Hadit. Asknod gave you good advice.

[Douglas Kessler]

Goosh Darn I don't know what to say. I have only been doing this myself for 5 whole years. Maybe I will contact someone for help. Any suggestions I in Houston Texas...Anyone out there Please!!!! Perhaps I could use the County Veterans Service.?

[Douglas Kessler]

I would like to say thank you all for encouraging me. I was about to give up. This is what I have done. I filed an NOD. For both the Date and the percentage. I also sent another letter from My Primary Care Physician, and Hemotologist saying that it is more than 50% likely that all of the now dx. is secondary to Agent Orange/Non Hodgkin's Lymphoma. I had coworkers write letters, and neighbors concerning how much work I missed. I have copies of everything...I mean everything. Did I do good or what(bragging a little bit). I just got pissed off! Sorry.

[Douglas Kessler]

I looked through and read the C & P examination in June 1990, and couldn't believe my eyes. In 1990 in addition to the NHL, I claimed Leg and arm and thigh wound (shrapnel) injury. A C & P exam was done in June 1990. The examiner wrote and I quote ..." Veterans Blood Pressure is Elevated...Probable because he's in the doctor's office"....Veteran is thin, and reported having blood in stool last few days, the Patient also gives a history of non-hodgkin's lymphoma in 1983 treated at Methodist hospital, and VA Houston, by doctor ____. for a period of 6 months, for complete resolution of the disease, Veteran stated he had stage 4 to the lower bowel, bone marrow, and eye." I guess he didn't know that Non Hodgkin's lymphoma is not cureable, and the residual is worse than the cure. How can you disagree with a C & P examination? I only was Privy of seeing after I reopened this claim in 2010, and requested my c-file. It took a whole year to get my c-file. This examiner never took x-rays of the wounds, I wasn't even weighted. He noted my scares and wounds. These are now service connected with Peripheral neuropathy added( totally 30%). That was service connected in 2010. The difference is I was totally x-rayed and examined in 2010, I was not in 1990. It's too late to do anything about it now...but I would like to caution Veterans to please get a copy of everything and read it carefully. I am new at this, but learning very guickly. I also read my statement, and remembered back what shape I was in. Thanks for listening. if anyone knows of a good attorney, please send me the name & number. I need some help here.

[carlie]

What is your current SC percentage for comp purposes.

What conditions for each.

Thanks

[FormerMember]

When you're dealing with the VA, the learning curve is very steep. If you don't understand the statutes and regs, VA will be more than happy to explain them to you in your denial and SOC in great detail.